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UNIVERSITY  OF  OKLAHOMA 
BULLETIN 


TOWN  GOVERNMENT  IN 
OKLAHOMA 


JULS^  Jl.::; 


Issued  Semi-Monthly  By 
THE  UNIVERSITY  OF  OKLAHOMA 
Norman,  Oklahoma 


New  Series  No.  249. 


November  1,  1922 


Extension  No.  72. 


Discussion  of  the  Principles  and  Methods  of  h-fiic.ent  Gorern- 

ment  for  Towns.  Towns  of  the 

Review  of  the  Methods  now  ltmp!o,d  .n  the 

ssr tsi 

ment  of  Present  Statutes. 

BY 

TOSEPH  earnest  McAEiiE, 

Community  Counselor,  Extension  Division, 

University  of  Oklakoma 
AND 

\/T  AT  trice  HITCHCOCK  MERRILL, 

MAUK  University  of  Oklahoma 

hmtructor  in  Government,  Universiiy  oj 

ISSUED  BY  THE  EXTENSION  DIVISION. 

UNIVERSITY  OE  OKEAHOMA 


INTRODUCTORY  NOTE 

The  text  ot  this  bulletin  was  prepared  by  the  Community 
Counselor  of  the  Extension  Division  of  the  University,  after  pro- 
tracted study  of  the  governmental  situation  among  Oklahoma  com- 
munities. Mr.  Merrill,  a close  student  of  governmental  law^  and 
l)ersonally  in  touch  with  conditions  in  Oklahoma  communities,  pro- 
\ided  memoranda  on  wddeh  the  suggested  new  methods  of  town 
government  are  based,  together  wdth  diagrams  from  which  the 
two  cuts  used  in  this  bulletin  were  made.  Both  by  his  classroom 
W('rk  and  as  joint  author  of  the  standard  work  on  Government 
in  Oklahoma,  which  has  l:>cen  recently  publisht,  Mr.  Merrill  is 
qualified  to  l>ase  these  suggestions  upon  sound  law  and  enlightend 
pul)lic  sentiment.  He  review^ed  the  text  of  the  Imllctin  before  its 
])ul)lication,  and  b.as  assisted  in  its  revision. 

This  })amphlet,  and  the  i)roposals  it  embodies,  are  features  of 
the  comprehensive  efforts  wdrich  the  University  of  Oklahoma  is 
making  thru  its  Extension  Division,  to  bring  within  the  reach  of 
all  the  citizens  of  the  state  the  educational  values  accumulated  at 
the  University,  and  to  assist  communities  to  enrich  and  perfect  the 
social  organization  on  which  the  life  of  each  individual  citizen  is 
at  c\'ery  point  dependent. 

JosKFui  Er.xest  Mc.'Vfee, 

C 0 utm  u It : ty  Co  it  use! or. 

Xorman.  October.  1922. 


{■,i)VERKMENT  IN  OKLAHOMA 
TOWNS 


I.  THE  BASES  OF  TOWN  GOVERNMENT 
The  Municipality 

'I'hcrc  are  two  kinds  of  municipality  in  Oklahoma,  the  city  and 
ihe  town.  A town  rna}'  be  of  any  size.  .Any  center  of  population 
numdierinp:  two  thousand  or  more,  luay  incorporate,  and  become 
a city.  There  are  considerable  populations,  here  and  there  in  the 
state,  wdiich  employ  neithiCr  of  these  forms,  but  remain  under 
tb.e  statutes  re'atiiy:;  to  rural  districts. 

These  unincorporated  villages  are  in  no  resi)ect  before  the 
law  different  from  a group  of  two  or  three  families  on  farms, 
whose  residences  chance  to  be  near  one  another.  They  are  simi)ly 
"wide  places  in  the  road.”  They  sometimes  include  a store  or 
stores,  and  some  of  them  have  one  or  more  banks,  with  other  insti- 
tutions common  to  trade  centers.  But  the  lawns  under  which  they 
ojK'rate  are  those  under  w'hich  farming  communities  generall\-  live. 

Cities  have  tlie  option  of  conducting  their  government  under 
the  uniform  charter  establisht  by  the  general  state  law  or  of  fram- 
ing charters  for  their  own  government  “consistent  with  and  subject 
to”  the  constitution  and  general  laws  (T  the  state.  By  virtue  of 
this  right  of  “home  rule,”  which  is  guaranteed  hy  the  state  consti- 
tution, cities  may  enjoy  a considerable  degree  of  autonomy,  or 
logal  liberty.  They  may  adopt  whatever  form  of  government  seems 
l)est  fitted  to  their  needs,  and  may  regulate  their  owm  affairs,  sulw 
ject  alw'ays  to  the  requirement  that  their  acts  must  be  in  harmony 
with  the  national  and  state  constitutions  and  with  the  laws  of  the 
slate  governing  matters  of  general  state  concern.  Even  cities  which 
o])erate  under  the  general  state  law  instead  of  framing  their  own 
charters  enjoy  a much  wdder  authority  than  do  towns.  The  govern- 
ment of  this  type  of  municipality  is  not  taken  up  for  discussion 
in  this  buHetin. 

d'he  Oklahoma  town  is  incorporated  under  the  laws  of  the 
state,  and  statute  provisions  define  i)recisely  the  type  of  govern- 
ment under  wduch  they  may  proceed.  Any  group  of  people  residing 
near  each  other  may  thus  incorporate  by  platting  their  land,  and 
])roviding  streets  and  similar  public  conveniences  and  necessities, 
'bhe  number  of  people  involvd  is  not  restricted  by  law  in  either 


6 


THE  L'NIVERSITY  OF  OKLAHOMA 


(Hrcclion  : there  may  l)c  less  than  a hundred,  or  there  may  l)e  many 
thousands.  Certain  centers  with  a greater  population  than  the 
minimum  prescril)ed  by  law  for  the  incorporation  of  a city,  con- 
tinue to  operate  under  town  government. 

It  is  the  government  of  towns  which  is  discust  in  this  l)ulletin. 
Manifestly  the  social  needs  of  a population  of  a few  score  arc 
different  from  those  of  several  thousand  people.  Institutions  possi- 
1)le  and  desirable  for  larger  centers  are  often  quite  impossible,  how- 
ever desirable  they  may  be,  for  smaller  centers.  Social  practices, 
such  as  the  use  of  toilet  conveniences  prevalent  in  rural  communi- 
ties, cannot  be  safely  tolerated  in  che  larger  towns,  tho  it  is  still 
considerd  feasible  and  proper  to  allow  them  to  suffice  in  the 
smaller.  It  is  usually  highly  desirable  that  centers  of  population 
grown  large  enough  to  incorporate  as  cities  should  avail  them- 
selves of  their  full  privileges  under  the  law.  The  community  can, 
thus,  far  more  efficiently  develop  its  puldic  utilities,  and  keep  the 
])ublic  conscience  quick  to  the  obligations  of  citizenship.  An  over- 
grown town  is  much  like  an  overgrown  boy:  awkward,  uncertain 
of  its  own  mind,  lacking  in  self-control,  and  failing  of  ambitions 
which  its  size  would  lead  the  observer  to  expect. 

It  is  thus,  in  a degree,  proper  for  the  small  town  or  \illagc  to 
want  to  grow  big,  and  to  take  on  the  ambitions  of  its  size.  It  is 
proper  to  be  a man  when  one  has  arrived  at  the  manly  age,  and  it 
is  improper  to  continue  the  childish  manners  of  the  boy  after  this 
advanced  age  is  reacht.  But  age  alone  does  not  deternnne  th.e 
status  of  communities.  Some  delightful  small  towns  are  very  old. 
and  some  large  cities  are  relatively  young.  Size,  however,  is  a 
determining  factor  in  the  proper  development  of  a community.  A 
large,  closely  confined  collection  of  people  who  live  under  the  man- 
ners and  customs  prevailing  in  rural  communities  is  doing  itself 
and  all  its  citizens  a great  harm.  As  a rule  rural  communities  ouglit 
to  be  rural  communities,  towns  ought  to  lie  tov/ns,  and  cities  ought 
to  lie  cities,  the  form  of  government  being  adopted  which  experience 
luis  jirescrilied  as  best  suited  to  each. 


Principles  of  Municipal  Government 

The  most  elementary  and  one  of  the  most  vital  of  these  prin- 
ciples is  that  just  mentiond.  Town  government  should  be  employe! 
only  for  populations  of  the  size  designd  for  its  operation.  Some 
Oklahoma  towns  are  now  going  lame  because  they  have  not  mus- 
terd  tlie  ambition  to  become  cities,  tho  they  have  grown  to  the 
size  which  the  law  and  custom  prescrilie  for  cities.  A 1)lanket 
recommendation  to  such,  is  : Incorporate  as  a city,  and  enrich  your 


TOWN  (GOVERNMENT  IN  OKLAHOAE'X 


/ 


whole  citizenshij)  by  taking  on  the  rcsponsil)ilities  for  free  self- 
government  which  society  generally  expects  of  yon. 

This  principle  is  so  vital  that  thruout  this  discussion  we  shall 
he  inclined  to  urge  that  larger  liberty  for  self-government  he  given 
even  the  smaller  towns.  It  is  generally  conceded  that  Oklahoma 
town  government  is  seriously  crippld  by  the  complicated  and  irrespon- 
sible system  under  which  it  must  be  operated.  State  statutes  re- 
(juire  every  town  to  distribute  its  administration  among  a very  con- 
fusing array  of  public  offices,  and  such  checks  and  balances  are 
imposed  that  inefficient  government  inevitably  results.  At  the 
conclusion  there  will  be  certain  recommendations  by  way  of  cor- 
recting these  conditions,  and  providing  the  liberty  in  town  govern- 
ment which  experience  seems  to  prompt. 

In  addition  to  this  elementary  consideration,  there  are  two 
(■•ther  ])rinciples  which  should  be  observd  in  all  government,  dis- 
cust  in  our  two  following  sections. 

The  Place  of  Politics 

Running  a town  is  a ljusiness.  But  it  is  more.  It  is  a Inisi- 
ness  of  a iiarticular  kind.  It  is  not  like  operating  a factory  for  the 
manufacture  of  shoes.  More  psychology  is  involvd.  The  senti- 
ments of  Tom.  Dick,  and  Harry  count  for  more.  Mechanical  effi- 
ciency may  be  considerd  the  determining  factor  in  manufacture. 
But  mechanical  efficiency  alone  cannot  insure  a successful  town 
government.  It  may  l)e  perfectly  clear  to  the  expert  that  such  and 
such  a course  should  be  pursued,  but  if  the  citizens  of  the  town  are 
n])poscd  to  or  (uit  of  sympathy  with  that  course,  it  is  both  wicked 
and  futile  to  follow  it. 

-V  while  ago  many  American  towns  and  cities  became  so  out- 
raged l)y  the  petty  methods  and  the  open  ccuTuption  of  certain 
types  of  i)oliticians,  that  they  proposed  to  “chuck”  all  politics,  and 
demanded  that  municipalities  be  run  “like  any  other  Imsiness.”  But 
experience  has  now  showd  us  tb.at  towns  and  cities  cannot  be  run 
like  any  other  business,  because  they  are  not  like  any  other  ljusi- 
ness, and  attempting  to  run  them  that  way  involves  about  as  seri- 
ous harm,  tho  of  a different  kind,  as  does  running  them  after  the 
politicians’  way.  We  are  learning  that  town  government  is  a 
science  and  an  art  of  its  own  type,  and  that  methods  must  lie 
workt  out  suited  to  its  unicpie  recpiircments. 

We  cannot  discard  politics  from  government.  VVT  must  rather 
learn  how  to  use  them  for  the  good  of  the  community.  The  will 
and  desires  of  the  citizens  are  all  the  time  changing.  Government 
must  find  ways  of  responding  promptly  and  efficiently  to  the 
jicople’s  will.  To  turn  .government  over  to  the  wisest  man  to  be 


s 


TH!l  university  oe  oklahoaly 


I'cnnul,  and  tell  him  to  rim  our  piildic  affairs  while  we  go  about 
cur  ])rivate  business,  looks  simple  enough.  It  has  been  tried,  and 
it  has  always  faild  sooner  or  later.  By  the  time  it  has  faild  the 
citizens  are  often  so  far  out  of  touch  with  the  principles  of  govern- 
ment that  they  make  a bad  mess  of  setting  up  a system  to  take  the 
])lace  of  the  autocracy  which  has  broken  down  on  their  hands. 

d'he  more  efficient  that  kind  of  government  is,  and  the  longer 
it  is  allowd  to  run  on  unregulated  by  politics,  the  more  serious  is 
the  crisis  when  the  collapse  does  come.  This  is  precisely  the  disas- 
ter under  which  the  German  people  have  fallen.  Their  autocratic 
system  was  so  efficient,  and  they  were  so  contented  under  it,  that 
when,  as  has  now  occurd,  their  neighbors  demand  that  they  govern 
themselves  according  to  principles  which  shall  recognize  the  rights 
of  the  nations  round  about  them,  they  are  at  a loss;  they  do  not 
know  how  to  govern  themselves.  The  only  sort  of  government  wh.ich 
they  have  so  far  been  able  to  set  up  is  one  which  many  of  the  citi- 
zens cordially  despise  because  it  is  manifestly  so  much  less  efficient 
in  administration  than  that  to  which  the  smooth-running  machine 
I'f  the  Kaiser  and  his  Junkers  accustomd  them.  The  lack  of  politics 
in  the  German  commonwealth  has  proved  its  undoing,  doubly  its 
undoing : their  autocracy  went  to  smash  and  yet  it  robd  the 
])eo]de  of  the  sense  of  political  obligation  and  of  the  political  skill 
now  required  in  reconstructing  the  wreck. 

In  small  town  government  the  same  principle  applies  which 
is  so  clearly  set  forth  in  the  experience  of  the  large  German  society. 
No  government  is  complete  or  safe  which  makes  no  provision  for 
ilie  constant  education  of  the  people  in  their  public  affairs,  and  for 
])rom])t  response  to  their  will  in  the  administration  of  their  govern- 
ment. This  will  be  l)rought  out  further  in  the  discussion  of  specific 
idans. 

Administration  of  Public  Affairs 

Mut  we  are  right  in  discovering  that  running  a town  is  a busi- 
ness. And  our  American  genius  has  developt  certain  principles  and 
methods  of  doing  business  which  no  enterprise  can  afford  to  dis- 
regard. When  it  is  clear  that  a specific  task  is  to  be  performd, 
a street  to  be  graded,  a water  plant  to  be  budded,  an  electric  light 
s\stem  to  he  operated  so  as  to  deliver  the  maximum  of  service  at 
the  minimum  of  cost,  it  is  utterly  foolish  to  turn  the  affair  over  to 
a debating  society  composed  of  citizens  of  all  tem])eraments  and 
\ :irieties  of  training.  A body  which  is  admirable  and  necessary  ft>r 
the  sui)i)ly  of  the  politics  involvd  in  government  is  woefully  in- 
capable of  administering  the  public  affairs  of  a community. 

W'e  have  learnd  that  there  is  much  artificiality  in  the  rigid 


TOWN  GOVERNMENT  IN  OKLAHOMA 


9 


distinctions  which  our  fathers  of  the  eighteenth  century  drew  be- 
tween the  three  functions  of  government,  namely,  the  legislative,  the 
executive  and  the  judicial.  Such  rigid  differences  as  they  set  forth 
in  our  federal  system  are  often  not  real  and  therefore  cause  seri- 
ous inefficiency  when  they  are  strictly  adhered  to.  But  a difference 
is  perfectly  clear  between  politics  and  the  administration  of  public 
utilities,  and  has  been  abundantly  demonstrated  to  be  real  in  the 
experience  of  our  communities  We  have  muddld  things  badly 
l)y  turning  over  matters  of  administration  to  officers  chosen  to 
sup])ly  tlie  politics  essential  to  good  government.  We  have  thus 
.‘‘.poild  both  our  politics  and  our  administration.  We  get  good 
government  in  neither  department. 

Furthermore,  corruption  almost  always  develops  among  politi- 
cal bodies  when  they  are  set  upon  the  task  of  administration.  When 
they  'have  to  call  meetings  and  debate  each  detail  of  the  task  to  be 
performd  they  soon  get  affairs  into  a hopeless  muddle,  and  those 
whose  consciences  are  weak  in  the  slightest  degree  discover  means 
of  turning  the  muddle  to  account  in  their  private  interest.  The 
mudere  l;ecomes  so  serious  that  even  high-minded  officers  see  that 
the  only  way  to  get  things  done  is  to  permit  the  will  of  one  or  a 
few  to  pre\ail  at  any  cost.  Thus  the  political  boss  has  emerged, 
and  he  is  inevital)le  under  this  system:.  Governmient,  in  sheer  des- 
peration, is  left  in  the  hands  of  a few  who  are  unscrupulous  enough 
to  seize  the  power. 

Thus  it  has  often  come  alrout  under  a political  system  that  cor- 
ru[)t  government  is  more  efficient  than  honest  government.  This 
accr:unts  for  the  continued  porver  of  Tammany  Hall,  in  New  ^ ork 
City,  for  more  than  a century.  Its  government  is  corrupt,  l)ut  it 
does  things.  The  people  of  New  York  are  doubtless  not  more  dis- 
honest than  are  other  American  citizens,  making  them  content  from 
time  to  time  to  return  Tammany  to  jrower  : perhaps  they  are  only 
somewhat  more  practical  than  the  people  in  some  other  localities. 
They  become  so  far  out  of  sorts  v/ith  the  muddling  of  even  thoroly 
honest  politicians  of  debating-society  training  and  aims,  that  they 
are  willing  to  pay  the  corruption  tribute  which  Tammany  exacts, 
for  the  sake  of  getting  things  done  with  the  degree  of  efficiency 
which  Tammany’s  administration  insures. 

Oir  the  other  hand,  the  rank  and  file  of  the  citizens  in  any 
self-respecting  community  will  prefer  above  all  an  intelligent  politi- 
cal body  and  at  the  same  time  a thoroly  efficient  and  honest  admin- 
istration of  public  affair.s  It  is  this  combination  which  all  worthy 
governmental  science  strives  to  discover  and  apply  to  our  com- 
munities. It  is  this  combination  which  all  good  citizens  vrill  seek 


F 


10 


THE  rXIVI'RSlTY  OF  OKLAFiOMA 


Uj  secure  for  all  of  our  (^klahouia  towns.  This  hullelin  aims  to 
make  clear  the  distinction  between  these  two  requirements  of  good 
go\ernment,  and  to  show  how  they  may  lie  brought  into  such  com- 
hiration  as  to  insure  the  fullest  benefit  from  l)oth. 

Competent  Public  Officers 

ll  has  come  to  he  almost  as  much  as  a citizen’s  reputation  is 
v.-orth  to  run  for  public  office.  Whatever  his  character,  he  seems 
:n  for  a 'Jegree  of  defamation.  A kind  and  generous  husband  ami 
fatlum  once  rcturnd  home,  and  a^'kt  his  wife  if  she  were  prepared 
to  learn  that  he  was  a i):ackguard,  a rake,  a renegade,  false  to  Ids 
w<  id,  and  a reprobate  content  to  stop  short  only  of  open  murder 
and  highway  rohliery.  .She  askt  in  amazement  whether  he  had  of 
a sudden  gone  cni/y,  or  what  could  possibly  induce  him  to  ];ut  to 
her  .-uch  a ridiculous  ciuestion.  “Oh,”  replied  he,  “1  only  wisht 
to  prepare  you  for  what  is  coming:  I today  consented  to  having  my 
name  enterd  on  our  party’s  ticket  for  a public  office.” 

This  is,  unfortunately,  in  some  instances,  scarcely  an  extreme 
i lir  tration  of  what  awaits  the  high-minded  and  honest  citizen 
who  permits  himself  to  assume  the  burdens,  and  suffer  the  loss  of 
imivatc  interests,  involvd  in  public  office.  Because  this  state  of 
affidrs  so  generally  prevails,  many  towns  have  incompetent  and 

corru])t  public  officials.  Corruption  is  not  nearly  so  general  as  in- 
c'mpetence.  Public  sentiment  is  far  too  readily  inclined  to  attri- 
baite  selfish  or  other  evil  designs  to  official  conduct  which  the 
juiblic  does  not  understand.  A^  great  many  public  officials  get  the 
nam.e  of  being  dishonest  who  are  doing  the  best  they  know  how. 

Their  defect  is  that  they  do  not  know  enough  about  what  they 

undertake  to  do. 

In  many  other  instances  officials,  under  our  confused  and 

disjointed  system  of  public  adndnistration,  are  held  responsible 
for  results  which  it  is  altogether  beyond  their  power,  or  the  functions 
accorded  their  office,  to  achieve.  The  fault  is  not  theirs;  their  fail- 
ure is  directly  and  inevitably  due  to  the  muddld  system  of  govern- 
ment which  the  community  as  a whole  insists  upon  maintaining. 

“Passing  the  buck”  would  seem  the  highest  art,  as  it  is  the 
be.se tting  sin,  of  the  American  character.  We  do  it  in  the  dealings 
of  the  citizen  with  his  fellow  in  private  affairs,  and  we  practice 
it  wholesale  in  public  affairs.  We  make  our  officials  the  goat, 
when  the  sin  is  our  own.  We  fetter  them  with  laws  and  restric- 
tii.ns  and  checks  and  balances,  so  fearful  that  they  will  do  some- 
thing wrong,  that  they  have  little  chance  to  do  anything  hut  what  is 
wrong.  Then  we  satisfy  our  sense  of  outrage  against  the  evil 


TOWN  GOVERNMENT  IN  OKLAHOMA  . 


11 


which  results,  l;y  pouncing  upon  the  more  or  less  innocent  victims 
of  our  mudcllc-heacieclness  and  negligence.  If  we  could  only 
get  it  fixt  in  our  minds,  once  and  for  all,  that  each  community  has 
just  as  good  a government  as  its  citizens  deserve,  we  should  soon 
begin  to  deserve,  and  therefore  get,  l)etter  governmient. 

To  cure  this  muddle-headedness  from  which  we  so  generally 
■uffer  we  should  apprehend  clearly  the  distinction  between  the 
functions  of  government  which  have  already  been  pointed  out. 
Then,  we  should  show  intelligence  in  selecting  officials  suited  l)y 
temperament  and  training  for  the  required  functions.  What  kind 
of  persons  do  we  need  for  the  two  phases  of  government  which  we 
have  here  discoverd? 

Who  Makes  a Good  Politician? 

Do  not  say  there  is  no  such  thing.  If  there  is  not,  there 
should  be.  We  cannot  have  successful  government  without  poli- 
tics ; good  government  is  impossible  without  good  politics,  and  with- 
out good  citizens  capable  of  furnishing  them.  Good  politics  are 
simq:>1y  the  shaping  and  applying  of  good  policies  of  government. 
The  good  politician  is  the  citizen  of  high  character  who,  senses  the 
common  mind  and  sees  that  it  gets  the  chance  to  express  itself  in- 
telligently and  constructively. 

The  good  politician  must  be  something  of  an  idealist,  but  he 
nmst  be  most  devoted  to  the  ideals  of  tlic  whole  community,  and  not 
those  of  his  own  personal  and  private  and  peculiar  devising.  Many 
citizens  of  high  character,  and  lofty  ideals,  fail  utterly  as  politicians 
because  they  can  never  bring  themselves  to  yield  to  the  common 
wdil,  thru  the  surrender  of  some  of  their  own  individual  opinions. 

But  the  good  politician  must  have  a mind  of  his  own.  Other- 
wise he  turns  out  a cheap  demagog.  He  must  be  patient  with  slow- 
thinking  and  stubborn  elements  in  the  community,  but  he  must  not 
fail  to  lead  them  on  as  rapidly  as  they  can  be  induced  to  move. 
He  must  be  able  to  see  wh.at  is  good  for  people  even  before  they  see 
it  themselves,  but  he  must  be  willing  to  have  them  see  it,  and  in- 
telligently support  each  measure,  rather  than  attempt  to  force  them 
into  an  acceptance  of  his  will  against  their  own. 

The  good  politician  will  hold  his  office  as  a public  trust,  and 
not  as  a private  advantage.  Of  course,  if  any  candidate  lets  it  be 
known  in  advance  that  he  lias  only  prixate  interest  in  the  office 
he  seeks,  he  will  not  get  it  from  an  intelligent  community,  in  the 
first  place.  The  only  way  self-seeking  officers,  can  come  into 
their  offices  is  thru  pretending,  during  their  candidacy,  to  have  the 
public  interests  first  and  foremost  in  their  desires.  But  these  nrn- 


12 


TIIK  UNIVERSITY  OF  OKLAHOMA 


fcssiuns  of  candidates  have  so  often  afterwards  {)roved  insincere 
that  the  voting  i)iil)lic  lias  grown  more  or  less  cynical  aliout  the 
possiliility  of  finding  officers  to  whom  the  community  interests  are 
))ri:nary,  and  they  rather  expect  their  officers  to  make  the  piddic 
service  a good  thing  for  themselves,  more  or  less  at  the  expense 
of  the  community.  Mainly  for  this  reason  it  is  stipulated  l)y  law 
in  the  case  of  certain  offices,  and  an  unwritten  agreement  i> 
reacht  in  the  case  of  others,  that  no  person  shall  occupy  the  same 
office  for  more  than  one  or  two  terms.  This  manifestly  imolves 
a vast  amount  of  waste,  and  makes  a more  or  less  weak  and  in- 
cfficicnt  government  inevital)le. 

The  surest  test  of  the  unself isimes.s  of  the  politieian.  and  Ids 
sincerity  in  pretending  to  consider  the  public  interests  first  is  shown 
in  hks  willingness  to  support  measures  which  will  put  the  irresponsi- 
ble ser\ing  of  his  private  interests  entirely  out  of  his  reach.  The 
new  metliods  of  city  administration  have  been  dcsignd  to  do  this, 
and  tiny  are  uniformly  and  often  bitterly  resisted  by  self-seeking 
politicians.  Tiie  good  politician  will  welcome  measures  which  bring 
his  official  actions  completely  into  the  open,  and  make  it  impossible 
f(.r  h.im  to  serve  purely  private  interests  by  any  of  them.  .Ml 
M.'rts  of  laws  have  been  jtast  seeking  to  bring  this  about,  but  un- 
desirable podticians  in  powmr  have  often  resisted  and  circumvented 
them.  We  need  an  order  of  politicians  wdio  will  encourage  such 
laws,  and  see  that  they  are  honorel  in  all  their  public  actions. 

drite  good  politician  is  not  necessarily  a technician  of  any  sort, 
exceijt  in  that  of  discovering  and  interpreting  the  common  will.  He 
must  .be  popular,  in  the  best  sense  of  the  term.  The  people  must 
know  him  and  trust  him.  He  need  not  know  how  to  do  all,  or 
even  any  one,  of  the  increasingly  numerous  things  which  the  pub- 
lic administration  attempts  to  do  for  the  community.  It  is  nec- 
essary, therefore,  that  government  be  so  organized  that  he  shall 
not  be  expected  to  do  any  of  these  things.  His  special  function 
is  to  know,  and  accurately  to  interpret  the  community’s  mind.  This 
is  enougli  : lie  ought  not  to  be  expected  to  discharge  any  other  pub- 
lic function.  He  and  his  associates  should  make  the  laws  and  de- 
termine the  general  policies  under  wdiich  the  public  affairs  are 
cared  for.  He  should  not  be  expected  to  supply  the  technical  skill 
of  various  kinds  which  is  recjuired  efficiently  to  carry  out  these 
measures.  The  same  (jualities  which  make  him  a true  interpreter 
of  the  common  will,  will  make  him  a keen  judge  of  who  and  wluit 
kind  of  administrators  will  supiily  the  technical  skill  required  in 
the  public  service.  If  he  kee])s  the  public  interests  uppermost  in 
lii.s  desires,  he  will  readily  find  technicians  who  will  bg  devoted 


TOWN'  (;0\’KRXMEXT  IX  OKLAHOMA 


L^ 

only  the  best  possible  service  in  the  field  of  their  .technical  skill. 

The  best  forms  of  municipal  frovernment  now  bein^  devised 
aim  to  make  use  of  this  type  of  politician.  They  seek  to  ^ive  the 
people  a chance  to  pick  out  this  kind  for  their  political  offices,  and 
to  keej)  the  other  kind  out  of  all  offices.  The  plan  suggested  later 
in  this  buhetin  are  in  line  with  this  aim. 

It  is  clear  from  wliat  has  been  said  that  the  peditician,  even 
the  good  politician,  is  not  sufficient,  in  and  of  himself,  for  good 
government.  He  cannot  do  tlie  whole  thing.  His  part  is  only  a 
part.  Our  great  mistake  has  been  that  we  have  turnd  govern- 
ment over  to  politicians  and  only  to  politicians.  We  have  zealous- 
ly sought  to  find  good  ones,  let  us  agree.  But  even  when  we  have 
succeeded  in  finding  that  sort,  government  has  not  proved  satisfac- 
tory. The  reason  ought  now  to  he  clear.  We  have  expected  our 
public  officers  to  do  what  no  i)olitician  can  do  or  should  be  c.x- 
pected  to  do. 

Who  Makes  a Good  Administrator? 

That  part  of  the  public  service  which  the  politician  cannot  do 
and  should  not  attem])t.  we  must  find  another  type  of  public 
officer  to  perform.  * 

In  the  days  before  the  public  service  became  so  elaborate  and 
complicated  as  it  is  now,  the  community  got  along  much  l)etter  witli 
politicians  and  only  politicians  in  office.  Every  decade  now,  how- 
ever, adds  to  the  service  which  government  is  ex])ected  to  render 
to  the  people.  This  service  is  not  only  \astly  increasing  in  volume, 
but  i{  is  gianving  more  intricate,  and  reejuires  an  ever  higher  degree  of 
technical  skill.  Water  works,  electric  light  sy.stems,  sewage  disposal 
l)lants.  parks  and  l)Oulcvards,  call  for  the  best  engineering  and  artistic 
teclmique  which  modern  science  sui)i)lies.  fkiblic  enterpri.ses  are 
often  the  largest  in  the  community,  and  call  for  the  most  capable 
management.  I'he  modern  town  requires  in  the  public  service  a 
variety  of  highly  traind  and  otherwise  comitetent  technicians. 

If  such  a technician  is  a good  politician,  it  is  an  accident.  .\nd 
it  is  a rare  accident.  The  very  fact  that  an  individual  is  a good 
politician  incapacitates  him  from  the  highest  skill  in  some  techni- 
cal professions.  It  would  spoil  some  men  greatly  needed  in  ]nib- 
lic  office,  if  they  should  attem])t  to  liecome  politicians.  The  prime 
test  of  such  officers  is  their  superior  technical  training  and  experi- 
ence and  skill  in  the  field  of  their  specialty.  For  engineering  offices 
the  question  is;  Is  the  man  a competent  engineer?  He  should  not  l)c, 
and  should  not  attempt  to  be,  a i^olitician. 

Xow.  it  is  manifest  that  the  means  by  which  this  type  of  of- 
ficer gets  into  office  must  be  different  from  that  by  which  the 


14 


TH1-:  UNIVERSITY  OF  OKLAHOMA 


])()litician  comes  into  his  office.  Popular  election  is  the  l)est  means  (X 

devised  for  securing  the  latter.  But  it  is  no  way  at  all  to  secure 
the  former.  Popular  elections  can  wisely  put  only  politicians  into 
office;  they  fail  to  provide  skilful  technicians  and  competent  admin- 
istrators. These  must  he  sought  out  and  appointed  by  good  politi- 
cians elected  for  that  purpose. 

The  wisdom  of  this  method  has  been  demonstrated  by  experi- 
ence in  government.  The  suggestions  made  later  in  this  bulletin 
are  in  line  with  this  experience.  It  has  been  found  wise  to  limit 
the  duties  of  political  officers  to  the  two  functions,  first,  of  shap- 
ing the  general  policies  under  which  the  government  is  conducted, 
and,  second,  appointing  the  administrative  officers  who  furnish 
tile  technical  skill  required  in  their  fields.  Their  duties  should  be 
limited  strictly  to  these.  They  should  not  permit  themselves  to  as- 
sumx*  responsibility  for  details  of  administration,  nor  to  be  in  the 
way  of  temptation  either  to  attempt  what  they  are  not  traind  or 
elected  to  do,  or  of  utilizing  their  public  power  for  private  interest. 

The  other  two  sections  of  this  bulletin  set  forth  the  system  of 
government  now  employd  in  Oklahoma  towns,  point  out  its  defects, 
and  suggest  m.easures  aiming  to  correct  these  defects.  Two  dia-  y 

grams  are  employd  to  show  graphically  the  contrast  between  the 
present  defective  system  and  the  proposed  improved  system. 


‘e 


II.  PRESENT  SYSTEM  OF  TOWN  GOVERNMENT 
IN  OKLAHOMA 


As  already  pointed  out,  towns  in  Oklalioma  operate  under 
strict  statutes.  They  are  not  permitted  the  autonomy  or  local  lib- 
erty which  is  accorded  the  cities.  The  tendency  among  governmental 
scientists  is  to  question  the  wisdom  of  this,  and  to  advocate  giving 
the  smaller  centers  larger  liberty  in  ordering  their  own  affairs. 

When  the  present  constitution  of  Oklahoma  was  adopted,  and 
the  state  was  still  vei'}-  young,  there  was  doubtless  much  propriety 
in  safeguarding  the  public  against  the  reckless  measures  of  small 
groups  of  people  who  ’made  up  the  original  towns.  The  population 
was  ^very  changeable,  and  all  kinds  of  corrupt  practices  were  possi- 
ble and  probable,  if  those  who  chanced  to  be  the  residents  of  a 
given  town  might  freely  vote  heavy  bonds,  reap  the  benefit  in  fat 
contracts  in  the  public  service,  and  then  move  on  to  allow  their 
innocent  successors  to  struggle  under  the  burden  of  public  debt. 
The  new  state  needed  to  defend  its  reputation  against  such  reckless 
practices. 

Hut  the  state  is  now  older,  and  more  settld.  Most  conditions 
have  changed  radically,  and  it  is  generally  agreed  that  the  develop- 
ment of  the  state  is  being  seriously  retarded  by  the  needlessly 
hampering  restrictions  under  which  towns  must  conduct  their  gov- 
ernment. 

Violation  of  Principles  of  Good  Government 

The  principles  which  we  ha\e  sought  to  point  out  in  the  ])re- 
ceeding  pages  are  being  violated  by  the  present  system  of  town 
government.  These  defects  may  be  listed  under  three  counts  : 

First,  There  is  too  much  dependence  placed  upon  popular 
election  as  a means  of  putting  public  servants  into  office.  Good 
government  requires  that  certain  officers  shall  be  elected,  as  we  have 
seen,  but  good  government  makes  it  quite  as  imperative  that  others 
.shall  come  into  office  otherwise. 

Second.  There  are.  as  a rule,  too  many  offices,  none  of  them 
is  properly  remunerated,  few  officers  can  afford  to  devote  them- 
selves wholly  to  the  public  service,  and  there  is  thus  a great  amount 
of  inefficiency.  This  is  an  injustice  to  faithful  citizens  who  accept 
these  offices  and  serve  under  such  serious  handicaps,  and  it  is  a 
disservice  to  the  community  as  a whole. 

Third.  There  is  no  clear  distinction  made  between  the  two 


16 


THK  UNIVERSITY  OF  OKLAHOMA 


ty])C5  of  pul)lic  officers  which  we  liave  found  to  be  indispensible  to 
itood  government.  Most  are  of  the  politician  type  and  few  arc 
technically  cquippt  to  render  the  service  expected  of  them.  Tliis, 
again,  is  an  injustice  l)Oth  to  the  citizens  serving  in  public  office 
and  to  the  whole  community. 

Keeping  these  points  in  mind,  note  the  diagram,  Figure  1.  It 
shows  the  number,  variety  and  relations  of  the  officers  which 
each  town  is  supposed  to  have  under  the  state  laws. 


/ 


* FIGURE  1 


THE  PEOPLE 


eiECT 


Diagram  showing  offices  and  their  relations  in  the  Ok- 
lahcma  town  governnunt.  as  gn'ovided  for  ])v  present  state 


18 


TMK  I’Xl  VKRSITY  OF  OKLAHOMA 


Town  Officers  in  Oklahoma 

'I'lu'  Hoard  of  Tnistccs  is  comi)oscd  of  three  or  f(nir  or  five 
citizens.  Tliese  are  tlie  law-making  l)ody. — so  far  as  the  town  is 
];ermittc(l  to  make  its  own  laws.  They  are  ])roi)erly  elected  by  the 
people,  'bhey  should  he  ])oIiticians,  and  should  l)e  the  best  citizens 
of  this  type  to  he  found  in  the  community.  This  sort  is  n >t  now 
uniformly  chosen  for  several  reasons.  The}'  arc  expected  to  do  st> 
many  im])ossi])le  things,  and  they  are  so  severely  criticized  by  their 
fellow-citizens  for  not  doing  what  they  are  expected  to  do.  that 
after  one  term’s  experience,  it  is  often  impossible  to  induce  high- 
minded  citizens  to  accept  election.  Furthermore,  the  duties  are  so 
indefinite,  and  often  prove  such  a burden,  that  l)usy  citizens  are 
unwilling  to  undertake  the  vexatious  and  thankless  tasks  in\-ol\'fk 
Tims  good  towns  are  sometimes  compeld  to  content  themselves  with 
mediocre  and  even  flagrantly  self-seeking  trustees.  This  is  \ery 
!-erion.s  l)ccause  of  the  large  and  undefiiicd  imwers  whicli  are  ac- 
corded these  offices. 

The  clerk  is  elected,  ^’et  this  is  the  office  of  a technician. 
He  should  not  he  of  the  political  type.  He  shored  l)e  a good  clerk 
and  have  some  ability  and  training  as  an  accountant.  If  he  is 
chosen  by  the  people  because  he  happens  to  he  popular  and  known 
l.y  all  to  he  a good  sort  of  a fellow,  the  chances  are  that  the  town 
must  put  up  with  a mediocre,  if  not  an  out-an-out  inefficient 
clerk.  This  is  an  administrative  office,  and  the  incumbent  should 
not  enter  it  thru  popular  election. 

The  Treasurer  is  an  officer  of  a similar  type,  \'et  he  also  is 
elected.  The  common  practice  is  to  elect  the  cashier,  or  some  other 
member  of  the  staff,  in  a local  bank.  If  there  is  more  than  one 
bank,  the  “plum”  is  passt  about  among  the  hanks  of  the  town,  or 
else  the  office  becomes  a bone  of  contention  l-jetween  factions,  one 
favoring  one  bank  and  one  another.  The  “plum”  is  sometimes  juicy 
and  zealously  sought  after.  In  other  cases  the  l)anks  consider  the 
small  deposits  of  public  funds  of  little  consequence  and  “wish”  the 
job  back  and  forth  upon  one  another,  in  jest,  or  insisting  that  each 
shall  take  its  turn  in  carrying  the  burden.  The  officer  so  chosen 
usually  has  certain  of  the  qualities  required,  hut  often  lacks  others. 
He  is  sometimes  high-handed,  or  perhaps  more  often,  he  is  exces.s- 
ively  timid.  He  makes  himself  needlessly  obnoxious  by  gral)bing 
for  his  bank  what  may  he  got  thru  the  public  treasury,  or  he  fails 
to  collect  some  accounts  lest  offence  may  he  given  which  will  react 
in  injury  to  his  bank’s  private  business.  Politics  should  ])lay  no 
part  in  the  administration  of  this  office.  The  officer  should  not 
be  popularly  elected. 


TOWN  GOVERNMENT  IN  OKLAHOMA 


19 


The  Justice  of  the  Peace  is  elected.  He  is  sometimes  the  most 
importar.t  functioriary  in  the  town,  and  sometimes  he  is  of  so  little 
significance  that  the  citizens  generally  do  not  know  who  holds  tlie 
office.  Occasionally  he  is  styled  “Mayor,”  and  in  some  cases  pre- 
sides at  the  meetings  of  the  Trustees,  altho  no  law  exists  which 
authorizes  either  of  these  practices.  The  law-s  over  which  he 
jjrtsldes  are  mainly  those  imposed  upon  the  town  by  the  state,  so 
that  he  is  a town  officer  in  a more  limited  sense  of  the  term  than 
are  the  others  included  in  this  list.  The  question  is  much  debated 
all  over  the  country  as  to  whether  judicial  officers  should  be  popu- 
larly elected  or  should  be  appointed  by  an  elected  board  or  com- 
mission or  by  some  prominent  political  officer.  The  latter  is  the 
time-honored  method,  and  the  former  has  been  adopted  as  a 
result  of  certain  movements  which  have  swept  the  country.  Until 
experience  or  governmental  science  shall  definitely  settle  the  ques- 
tion, this  judicial  officer  may  well  be  chosen  in  Oklahoma  towns 
as  at  present,  thru  popular  cTcticn. 

The  Light  Comimissioner  is  appointed  by  the  President  of  the 
Trustees,  who  in  his  turn  has  been  elected  to  his  office  by  his 
associates  on  the  Board,  the  Commissioner’s  appointment  being 
confirmd  by  the  Board.  This  is  a round-about  way  of  putting  the 
Comimissioner  into  office  and  places  him  on  a somewhat  different 
basis  from  the  other  appointive  officers  named  below.  The  office 
is  administrative,  and  the  officer  should  be  appointed,  as  the  law 
requires.  But  the  appointment  should  be  by  the  same  method  as 
that  of  other  officers  of  the  same  class.  Furthermore,  the  duties 
are  often  not  sufficient  to  occupy  the  whole  time  of  a competent 
man.  He  is  therefore  also  expected  to  be  engineer  in  the  power 
house,  or  perhaps  has  other  duties  assignd  him,  which  are  incongru- 
ous with  the  more  irnj)ortant  functions  with  which  he  is  charged. 

The  Marshal  is  a . very  important  officer  even  in  the  small 
town.  There  may  lie  little  for  him  to  do  in  the  arrest  of  criminals, 
or  in  the  defence  of  the  community  against  violence.  But  there  is 
a constant  tendency  to  sacrifice  the  good  name  and  the  efficiency 
of  the  town  government  by  petty  infringements  upon  the  law.  This 
office  should  be  impartially  administerd.  It  is  properly  appointive. 
Politics  should  be  kept  as  far  from  it  as  possible,  and  the  incumbent 
should  be  under  no  obligations  whatever  to  pay  off  political  debts. 
Yet  the  Marshal  is  elected  by  popular  vote  in  some  towns.  This 
is  not  in  accordance  with  the  law,  and  it  is  certainly  not  conform- 
able to  the  principles  of  good  government.  In  the  large  cities,  affairs 
are  in  constant  turmoil  when  the  police  “get  into  politics govern- 
mental science  advocates  the  most  stringent  measures  to  avoid  this. 


20 


O' UK  lINlVKRSrrV  OF  OKLAHOMA 


Tlu‘  Street  Commissioner  is  api)ointe(l,  as  he  should  he.  O’his  is 
an  administrative  office.  certain  degree  of  technical  ability  and 
training  is  necessary,  even  in  a small  town.  The  duties  are  not 
ordinarily  such  as  to  require  the  full  time  of  a competent  man  ; they 
a.re  therefore  sometimes  assignd  to  one  of  the  other  town  officers, 
which  is  not  in  accordance  with  the  law,  or  else  they  are  neglected 
l)y  the  person  who  nominally  holds  the  office,  hut  is  too  l)usy  about 
other  luatters  of  j)rivate  concern  or  is  indifferent  to  the  public 
interest. 

The  Superintendent  of  Water  Works  should,  of  course,  bo  a 
man  of  technical  ability  and  training,  and  is  properly  appointed. 
He  is  usually  the  chief  engineer,  or  in  the  smallest  towns,  the  only 
engineer  in  service  at  the  municipal  power  plant.  Where  the  citizens 
are  provided  with  their  water  under  private  auspices,  there  is  no 
])re)vision  in  law  for  this  officer. 

Cnder  the  law,  the  trustees  are  ex-officio  Fire  Wardens,  and 
may  ap])oint  one  or  more  additional  wardens,  whose  duties  are  to 
carry  out  such  policies  of  fire  protection  as  the  trustees  adopt. 
These  are  pro]:>erly  appointed,  since  technical  skill  is  desirable,  esjie- 
ciaby  in  the  chief  who  is  usually  the  head  of  the  fire  department, 
whiich  in  small  towns  is  made  up  of  c’tizens  who  volunteer  their 
ser\ices  in  the  manning  of  tire  simple  fire-extinguishing  apparatus 
\ehich  tile  to'\n  maintains.  Sometimes  such  service  is  remunerated 
by  the  citizen  or  citizens  whose  property  is  rescued  by  this  corps 
of  volunteer  firemen,  the  fees  varying  with  the  peril,  or  the  value 
of  the  nroperiy  rescued,  or,  more  often,  with  the  generosity  of 
those  servd.  As  a rule,  insurance  rates  are  low  in  small  towms,  br.t 
u has  often  been  demonstrated  that  they  can  b,e  materially  reduced 
by  communities  which  put  a thoroly  efficient  officer  in  charge  'of 
this  department.  Economy  and  se'f-respect,  therefore,  prompt  ])ay- 
ing  far  more  attention  to  this  office  than  is  usually  given  it.  The 
fact  that  the  duties  of  themselves  are  not  sufficient  to  require  full- 
time .service,  has,  as  in  the  case  of  several  other  offices,  led  t‘) 
eeneral  neglect  and  consequent  inefficiency. 

Merging  of  Offices 

d'here  are  varit)us  combinations  in  which  these  offices,  none 
of  which  is  sufficiently  exacting  in  a small  town  to  reciuire  the 
full  time  service  of  a comi)etent  man,  have  been  here  and  there 
merged.  The  most  remarkable  case  which  has  come  to  our  atten- 
tion, is  that  of  a town  in  the  southeastern  corner  of  the  state,  where 
the  officer  who  was  ejected  hy  the  people  as  Clerk,  as  provided  by 
law,  was  a])])ointed  to  five  other  offices,  namely,  those  of  Light 


'I'OWN  (GOVERNMENT  IN  OKLAHOMA 


21 


Commissioner.  Marshal,  Street  Commissioner,  Superintendent  of 
W'atcr  Works,  and  Fire  Warden.  The  remuneration  connected  with 
these  offices  is  partly  thru  monthly  salary  allowance  from  the 
public  funds,  and  partly  thru  fees.  The  total  income  of  this  ])u!)lic 
servant,  from  the  six  offices  he  holds,  is  about  one  hundred  and 
fifty  dollars  per  month. 

I'o  fill  this  combination  of  offices  a man  was  chosen  who  has 
abilities  and  training  which  qualify  him  more  or  less  adequately 
for  all.  His  service  in  the  Navy  gave  him  some  skill  as  a police- 
ntan,  a mechanic,  an  accountant  and  a manager,  while  previous 
e.xpericnce  as  a stenograplier  and  .secretary  completes  his  accomplish- 
ments. The  town  is  of  sufficient  size  to  require  the  employment  of 
a few  other  persons  as  lielpers  and- laborers. 

This  had  been  behevd  to  1)e  a very  happy  suggestion  for  all 
( fklahom.a  towns  who  desire  to  overcome  the  inefficiency  which 
now  seriously  handicaps  their  government.  The  plan  was  adopted 
under  what  was  assumed  to  be  competent  legal  advice.  But  scrutiny 
of  state  law  shows  that  neither  this  town,  nor  others  disposed  to 
follow  a plan  of  merger,  are  within  their  legal  rights.  Indeed,  it 
would  appear  that  no  merging  of  salaried  public  offices  is  lawful, 
for  a statute  forbids  any  person  “holding  any  office  under  the 
laws  of  the  state”  to  hold  any  other  such  office  during  the  term 
of  the  first  office.  This  prohibition  even  extends  to  deputies.  Thus 
the  merging  of  offices  in  any  of  our  towns  is  illegal,  and,  if  any 
citizen  where  this  practice  is  employd  chooses  to  object,  he  can 
require  the  trustees  to  rescind  any  duplicating  appointments  which 
they  have  m.ade,  or  conqtel  the  citizens  to  recall  any  duplicating  elec- 
tions. 

The  ignorance  of  this  law,  or  its  disregard  in  spite  of  knowing 
of  its  existence,  alone  saves  many  towns  from  even  greater  ineffici- 
ency in  their  government  than  that  from  wdiich  they  now  suffer, 
d'his  condition  tends  to  Iming  law'  and  government  into  disrepute. 
The  evil  can  be  corrected,  it  certainly  ought  to  be  corrected,  and  a 
method  nf  doing  so  is  suggested  below  in  this  bulletin. 

One  may  readily  see  the  reason,  and  the  apparent  justification 
for  this  statute  which  involves  so  much  mischief.  It  was  doubt- 
less prompted  by  the  best  of  intentions.  Great  abuses  might  develop 
under  an  unregu’ated  and  irresponsible  duplication  of  public  offices. 
I'he  framers  of  the  statute  doubtless  knew^  of  cases  of  abuse,  and 
they  aimed  to  abolish  them  by  this  means.  But  it  was  not  (d>- 
servd  what  serious  injustice  would  thus  he  done  officers  and  com- 
munities who  wish  to  save  .expense  and  insure  better  i)ublic  service 
by  recognizing  and  applying  the  principles  of  good  government 


22 


THE  UNIVERSITY  OF  OKLAHOMA 


which  we  have  reviewd  above.  Jt  will  he  comparatively  easy  to 
t^nard  against  all  these  evils,  and,  at  the  same  time,  put  communities 
in  the  way  of  maintaining  orderly  and  efficient  government. 


III.  A BETTER  SYSTEM  OF  TOWN  GOVERNMENT 
FOR  OKLAHOMA 


Revolutionary  measures  do  not  pay.  They  rarely  succeed 
even  temporarily  in  effecting  the  remedies  upon  which  they  are 
bent.  They  always  lead  to  reaction  which  makes  progress  slow- 
ei  than  that  which  may  be  gained  by  orderl}^  and  gradual  pro- 
cesses. Many  conservative  Oklahoma  citizens  recognize  serious 
defects  in  the  present  state  constitution,  and  the  body  of  statutes 
based  upon  it.  ^Within  the  next  few  years,  the  people  will  be 
given  the  opportunity  to  determine  whether  they  will  have  a 
new  constitution  and  what  kind  it  may  be.  Perhaps  then  meas- 
ures will  be  advocated  by  way  of  correcting  the  evils  now  ap- 
parent in  town  government.  But  before  that  event,  and  right 
now,  with  the  convening  of  the  next  legislature,  simple  and 
thoroly  conservative  steps  may  be  taken  to  relieve  our  towns 
of  the  handicaps  under  which  they  labor. 

Permissive  Legislation  Required 

The  same  power  which  ordaind  the  present  statute  regulat- 
ing town  government  can  readily  ordain  another  law  to  afford 
the  desired  relief.  The  legislation  need  only  be  permissive.  The 
law  may  allow  towns  which  so  elect  to  continue  under  their 
present  type  of  government,  but  it  may  give  liberty  to  such 
towns  as  desire,  to  order  their  government  otherwise.  Precisely 
this  has  already  been  done  for  the  cities  of  Oklahoma.  Each  is 
at  liberty  to  adopt  the  aldermanic  type  of  government,  the  com- 
mission form,  or  the  commission-manager  form.  Within  each 
of  these  types  there  is  broad  latitude  allowd.  Indeed  the 
latitude  is  so  broad  that  some  cities  are  found  to  have  adopted 
plans  of  government  which  directly  violate  certain  state  statutes. 
This,  of  course,  is  due  to  negligence,  rather  than  open  intention. 

The  city-manager  form  of  government  has  proved  a great 
boon  to  many  Oklahoma  communities.  As  many  as  28  cities 
have  adopted  it,  and  there  are  indications  that  it  will  spread 
rapidly  to  others.  Some  of  these  fail  to  apply  the  system  con- 
.''istently,  and  thus  fall  short  of  its  full  benefits,  but  even  so, 
there  is  no  tendency  to  revert  to  older  aldermanic  or  commission 


24 


THE  UNIVERSITY  OF  OKLAHOMA 


systems,  either  in  this  state  or  in  other  parts  of  the  country 
where  the  commission-manager  form  has  l)ccn  tried. 

'Fhis  manager  form  is  doubtless  not  altogether  the  last 
word  in  municipal  government.  No  mere  form  is  final  in  a 
growing  civilization.  Better  brains  will  devise  new  and  im- 
proved methods  one  of  these  days,  and  the  citizenship  will  be 
educated  to  the  point  where  better  systems  will  be  workable. 
But.  in  tile  meantime,  this  comm.ission-manager  system  of  city 
administration  is  the  most  efficient  and  most  democratic  now 
recognized.  There  is  some  indication  that  schemes  of  propor- 
tional representation  will  prove  superior  under  certain  condi- 
tions, but  few  communities  are  now  sufficiently  well  educated 
to  undertake  a program  which  looks  so  complicated  as  does  the 
proportional  representation  plan  of  election  to  the  average  lay- 
man. 

Oklahoma  statutes  permit  any  and  all  centers  of  2000  or 
more  people  to  adopt  the  city-manager  system.  Smaller  towns 
are  not  permitted  to  adopt  it.  Yet  these  smaller  places  deserve 
the  best  which  governmental  science  has  developt,  because  they 
are  so  numerous  and  their  problems  of  citizenship  are  so  im- 
portant. Simple  permissive  legislation  would  put  this  manager 
system  within  reach  of  these  communities  also.  Why  not  have 
it?  The  method  should  not  be  forced  upon  towns  which  do  not 
desire  it,  or  wh.osc  people  are  not  sufficiently  alive  to  the  value 
cf  intelligent  and  aggressive  citizenship  to  make  it  work.  But 
legislation  which  opens  the  plan  to  those  who  can  effectively  use 
it  would  be  just  to  all  and  unjust  to  none. 

Exactly  the  system  used  by  larger  cities  which  have  adopted 
th.e  commission-manager  plan  might  not  prove  acceptable  to 
smaller  towns,  but  they  may  well  have  access  to  the  major 
principles  involvd.  It  would  not  seem  necessary  to  change  the 
name,  or  the  number,  or  the  method  of  choosing,  the  trustees-  of 
tlie  town.  Experience  shows  that  their  duties  be  modified,  so 
tliat  the  community  could  command  for  this  service  citizens  who 
now  find  it  undesirable  or  impossible  to  accept  office,  and  so 
that  the  inefficiency  might  be  avoided  now  resulting  from  the 
unintelligent  mixture  of  governmental  functions  which  do  not 
belong  together. 

Experience  also  suggests  tliat  the  law  sliould  permit  com- 
bining  administrative  duties  which  are  now  arbitrarily  distributed 
among  several  unrelated  offices.  If  each  town  were  permitted 
to  employ  no  more  officers  than  are  actually  needed  to  render 


TOWN  GOVERNMENT  IN  OKLAHOMA 


25 


Ihc  service  required  the  public,  and  if  each  were  permitted  to 
provide,  at  wdiatcver  expense  true  economy  requires,  for  the  best 
and  all  of  the,  service  which  the  citizens  desire  from  their  gov- 
ernment, justice  would  be  done  to  all  and  injustice  to  none. 

A Suggested  Plan 

The  diagram  sketched  in  Figure  2 suggests  a plan  which  it 
is  believd  will  meet  these  demands. 


FIGURE  2. 


Diagram  showing  offices  and  their  relations  in  town  govern- 
ment for  Oklahoma,  as  provided  in  new  permissive  legislation 
suggested  in  this  !)ulletin. 


TOWN  GOVERNMENT  IN  OKLAHOMA 


27 


111  this  plan  the  functions  of  the  Trustees  are  confined  to 
the  determination  of  the  general  policies  of  the  town  government, 
and  the  selection  of  a Manager  who  shall  have  full  responsibility 
for  executing  the  ordinances  upon  which  they  have  decided.  It 
should  be  understood  that  the  Trustees  are  not  to  interfere  in 
the  details  of  the  administration.  They  thus  have  not  the  power 
and  may  not  yield  to  the  temptation  to  play  small  politics  in 
the  appointment  of  administrative  agents-.  This  is  within  the 
power  and  is  the  responsibility  of  the  Manager  alone. 

No  Trustee  need  be  occupied  with  petty  anxieties  relative  to 
the  governmen!;  of  his  town.  No  sudden  emergency,  the  storm 
which  floods  the  streets  and  sewers-,  the  running  amuck  of  a 
neighbor’s  livestock,  the  juvenile  excesses  of  a Hallowe’en, — - 
no  such  events  need  draw  him  away  from  other  obligations,  to 
fulfdl  his  duty  to  the  office  he  holds  in  the  town.  All  such  mat- 
ters are  in  the  hands  of  a capable  administrator  who  has  been 
chosen,  is  salaried,  and  is  expected  to  devote  his  entire  time  and 
attention  to  the  orderly  conduct  of  the  details  of  government. 

Thus  the  lOwii  can  command  the  services-  of  the  most 
capable  and  representative  citizens  for  the  office  of  Trustee. 
This  manager  system  has  been  found  the  most  democratic  form 
of  government  yet  devised,  because  it  thus  makes-  available  the 
busiest  and  best  citizens  for  the  shaping  of  policies  and  the 
determination  of  budgets.  The  time  required  for  regular  meet- 
ings of  the  Trustees  is-  the  principal  or  sole  draft  upon  the  time 
and  energy  of  its  members.  With  a wise  choice  of  manager 
these  meetings  need  not  be  frequent  or  protracted. 

The  plan  leaves  the  Justice  of  the  Peace  in  the  same  rela- 
tive position  as  that  he  now  occupies.  As  already  pointed  out, 
he  is-  more  a state  than  a local  officer,  since  the  laws  which  he 
adjudicates  arc  mainly  those  imposed  by  the  legislature,  and 
the  constitution  of  the  state.  Besides,  the  field  of  his  jurisdic- 
tion is  often  not  co-terminous.  with  the  town  corporation. 

All  other  offices  are  recognized  as  administrative,  and,  in 
accordance  with  the  principles  set  forth  in  the  first  section  of 
this  bulletin,  incumbents  are  appointed,  not  chosen  by  popular 
election.  These  agents  are  many  or  few  as  conditions  and 
economical  administration  require.  The  duties  of  the  clerk  and 
the  treasurer,  both  of  whom  are  now  elected  by  the  people,  are 
of  this  nature  no  less  than  others.  Economy  and  efficiency  sug- 
gest that  the  two  offices  be  combined  in  most  towns.  Now  that 
Trustees  uniformly  require  bond  of  all  fiscal  agents  and  provide 


28 


'FH8:  ITNI VKRSITV  Ol'  OKLAHOMA 


for  strict  audit  of  all  accounts,  the  duties  of  a treasurer  are 
clerical  and  routine,  and  are  not  sufficiently  heavy  in  any  small 
tc'wn  to  occupy  more  tl'.an  a tithe  of  the  time  of  any  competent 
person. 

The  Town  Manager 

d'his  office  and  the  system  of  administration  for  which  it  pro- 
vides will  certainly  prove  an  innovation  in  the  town  which  has 
been  operating  under  the  plan  now  provided  for  by  state  statute, 
d'hat  is  the  virtue  of  the  proposal.  The  plan  is  designd  to  put 
order  and  thoroncss  and  efficiency  into  a government  which  is 
now  running  at  very  loose  ends  in  large  numbers  of  towns. 

The  charge  that  this  plan  turns  over  a town  to  an  autocrat 
who  rules  as  his  personal  will  or  caprice  may  dictate,  is  very  far 
wide  of  the  mark.  As  stated  above,  this  has  been  found  the  most 
democratic  form  of  government  yet  devised.  The  manager  is 
chosen  to  administer  ordinances  approved  and  publisht.  well 
known  and  accepted  by  all  citizens.  He  cannot  transcend  them 
in  any  respect  without  rendering  himself  liable  to  immediate 
dismissal  from  office.  He  is  not  chosen  for  any  specified  term. 
.‘\n  elected  officer  may  run  amuck,  and  violate  the  plain  pro- 
visions of  the  law,  yet  he  can  be  removed  before  the  expiration 
of  his  term  only  by  the  most  exasperatingly  tedious  processes 
of  litigation.  This  manager  can  be  removed  for  cause  at  once 
by  the  vote  of  the  chosen  representatives  of  the  people,  the 
Town  Trustees. 

The  Manager  enacts  no  ordinances  or  other  legislation 
what.soever.  He  is  purely  an  administrator.  He  has  no  arbitrary 
power  over  the  lives  or  property  of  the  citizens.  He  is  a servant 
of  the  people  in  a sense  and  with  a sincerity  of  purpose  rareh^ 
or  never  attaind  by  an  officer  who  has  won  his  office  thru  the 
demagogic  methods  which  our  political  campaigns  have  made 
all  too  common. 

The  case  has  already  been  cited  where  an  enterprising  town 
stretcht  or  violated  the  present  statute  by  assigning  the  duties 
of  six  offices  to  one  man.  In  many  small  towns  a capable  mana- 
ger would  properly  be  almost  the  sole  administrative  officer. 
-Assistants  or  laborers  might  be  employd  as  pressure  of  ]niblic 
work  might  demand,  and  be  discontinued  with  the  passing  of 
the  need. 

-At  the  .same  time,  the  system  is  so  flexible  that  the  com- 
mur.ity  can  assign  any  volume  of  public  service  to  the  town 
government  which  the  citizens  may  desire.  Afany  a town  would 


TOWX  (iOX'KRNMKXT  IX  OKLAHOMA 


29 


find  it  a veal  cconoiry  to  increase  its  taxes  largely,  and 
recinire  of  its  government  ti  greater  volume  and  variety 
of  service.  Xot  only  water,  light,  sewage  disposal,  scavenger 
service,  the  grading,  paving,  cleaning  and  parking  of  streets, 
and  other  such  generally  expected  service,  should  be  renderfl 
efficiently  by  the  town  government,  but  health  programs  of 
far-reaching  value,  community  market  facilities  for  agricultural 
and  other  food  supplies,  and  numerous  other  lines  of  service 
are  now  being  exacted  of  efficiently  organized  municipal  admin- 
isWrations.  Such  tendencies  are  thoroly  wholesome,  are  in  the 
interests  of  all  the  citizens,  and  need  be  limited  only  by  con- 
siderations of  social  efficiency  and  economy.  Of  course  such  a 
])rogram  is  impossible  except  under  competent  management. 

d'he  character  and  preliminary  training  of  the  Manager  will 
naturally  be  controld  by  the  character  and  extent  of  the  service 
the  citizens  of  a given  town  expect  of  their  government.  In 
.^ome  cases  he  should  be  of  a mechanical  turn;  in  others  he 
should  have  engineering  training;  in  still  others  accounting 
abilit}'  will  be  one  of  the  most  important  qualifications.  In  all, 
however,  he  should  have  distinct  and  tested  managerial  ability. 
Management  is  a science  and  art  of  its  own  character.  Other 
technical  accomplishments  sometimes  limit  or  qualify  this  parti- 
cular skill.  X"ot  every  engineer  is  a good  manager.  N^ot  every 
good  manager  is  also  qualified  as  an  accountant,  or  a mechanic, 
or  as  an  artisan  or  technician  of  any  other  type.  Good  manage- 
ment is  what  every  town,  large  or  small,  needs  most  of  all  and 
indispensably  in  this  office.  The  good  manager  will  find  and 
employ  the  requisite  skill  in  other  technical  departments.  It 
is  a general  belief  that  good  managers  arc  born,  not  made.  But 
many  are  born.  It  is  possible  to  spoil  them  by  poor  training,  or 
by  none  at  all.*  Even  the  born  manager  will  not  be  a large 
success,  simply  Dy  being  originally  endowd  with  the  latent  tal- 
ents. The  machinery  of  education  will  be  set  upon  the  task  of 
finding  and  training  such  managers,  as  soon  as  it  is  clear  that 
they  are  wanted. 

Good  managers  are  wanted  for  the  cities;  this  has  already 
been  made  clear.  If  the  towns  will  show  that  they  also  wi^h 
enlightend  and  efficient  government,  an  order  or  profession  of 
administrators  will  speedily  develop,  sufficient  in  numbers  and 
training  for  the  whole  range  of  municipal  government.  Com- 
munities can  greatly  help  one  another  in  developing  this  order. 
One  will  learn  from  the  experience  of  the  others.  Each  will  do 


30  TMK  UN1VP:RSITY  of  OKLAHOMA 

its  share  towards  furnishing  managers  with  the  widening  ex- 
l)erience  which  must  be  built  upon  the  theoretical  instruction, 
wliich,  in  turn,  the  schools  of  technical  training  must  and  will 
gladly  supply. 

Your  Part 

There  remains  only  to  do  what  it  seems  so  evident  should 
he  done.  Legislators  will  pass  the  needed  laws,  to  open  the  way 
for  this  improvement  in  town  government,  if  the  citizens  clearly 
speak  the  word.  That  is  their  business:  to  make  the  laws  which 
the  people  want.  Educational  institutions  will  provide  the  needed 
theoretical  training.  That  is  their  business:  to  train  for  the 
vocations  which  society  demands.  Do  the  citizens  in  our  towns 
want  this,  better  government?  That  is  the  sole  question  upon 
which  there  can  remain  doubt,  and  you,  Adr.,  Miss,  Airs.,  Citi- 
zen can,  and  you  alone  can  clear  up  that  doubt. 

Each  citizen  carries  his  own  share  of  the  responsibility.  The 
humblest  can  inform  himself,  and  can  pass  on  his  information,  at 
least  within  the  circle  of  his  acquaintance.  From  such  beginnings 
the  gospel  of  better  town  government  will  spread  to  all  ranks.  The 
responsibility  for  making  a move  does  not  stop  even  with  your  com- 
munity : it  is  finally  traced  T 6-  ylh,  ^Ife^tindividiial  citizen,  of  how- 
ever exalted  or  humble  station.  If  you  are  conscientious  ^nd  intelli- 
gent.  you  must  be  impresst  with  the  need  of  improvement  in  this 
field.  It  lies  within  your  ponTr'to'do  sbJQefhjng  about  it,  and 
something  which,  if  persisted  in.  will  finally  accomplish  what  is  so 
clearly  in  your  interest  and  in  the  interest  of  all  your  fellow-citizens. 

You  may  count  upon  the  co-operation  and  assistance  of  the 
Extension  Division  of  the  University  in  this,  as  in  all  other  measures 
looking  toward  the  enrichment  of  our  Oklahoma  community  lite, 
and  this  means  that  the  educational  resources  of  the  entire  institu- 
tion are  at  your  command  for  such  assistance  as  each  department 
is  organized  to  render  the  citizenship  of  the  state.  This  policy  of 
service  sets  little  store  l)y  mere  forms.  The  good  of  the  com- 
munity is  the  first  and  last  concern  of  all.  If  forms  and  methods 
suggested  in  this  or  any  other  of  the  university  bulletins  are  not  the 
l>est  to  be  devised,  then  let  us  get  our  heads  and  hearts  together  to 
find  them.  The  aim  of  a conscientious  and  intelligent  citizenship 
is  supreme.  Given  that,  the  happiness  and  prosperity  of  all  the 
])cople  will  follow  as  does  light  the  .shining  of  the  sum 


UNIVERSITY  OF  OKLAHOMA  BULLETIN 

The  University  Bulletin  has  been  established  by  the  uni- 
versity. The  reasons  that  have  led  to  such  a step  are:  first, 
to  provide  a means  to  set  before  the  people  of  Oklahoma,  from 
time  to  time,  information  about  the  work  of  the  different  de- 
partments of  the  university;  and  second,  to  provide  a way  for 
the  publishing  of  reports,  papers,  theses,  and  such  other  matter 
as  the  university  believes  would  be  helpful  to  the  cause  of  edu- 
cation in  our  state.  The  Bulletin  will  be  sent  post  free  to  all 
who  apply  for  it.  The  university  desires  especially  to  exchange 
with  other  schools  and  colleges  for  similar  publications: 

Communications  should  be  addressed: 

THE  UNIVERSITY  OF  OKLAHOMA 
University  Hall 
Norman,  Oklahoma 

University  of  Oklahoma  Bulletin,  published  by  the  univer- 
sity. is  issued  semi-monthly.  Entered  at  the  postoffice  at  Nor- 
man. as  second  class  matter,  under  act  of  congress  of  August 
24.  1912.  Accepted  for  mailing  at  special  rate  of  postage,  as 
provided  for  in  Section  1103,  act  of  October  3rd,  1917,  authorized 
on  July  8th,  1918. 


